34-57 - Portable Benefit Plan

Title 34 > 34-57

Sections (2)

General Provisions

34-57-101 - Definitions.

As used in this chapter:

(1) “Hiring party” means a person who hires or enters into a contract with an independent contractor.

(2) “Independent contractor” means the same as that term is defined in Section 34A-2-103.

(3) “Portable benefit plan” means a group that: offers an insurance product regulated by:Title 31A, Insurance Code; orTitle 35A, Chapter 4, Employment Security Act; andis assigned to an individual beneficiary and is not associated with a specific employer or hiring party.

Enacted by Chapter 517, 2023 General Session

34-57-102 - Administration — Assignment of benefits — Portability.

(1) A governmental entity or private entity may offer a portable benefit plan.

(2) Contributions to a portable benefit plan: shall be voluntary; andmay not be used as a criterion for determining a person’s employment classification.

(3) If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary: the contribution is not evidence of employer liability; anda court may not construe the contribution as an element of an employment relationship for purposes of:Title 34A, Chapter 2, Workers’ Compensation Act; orTitle 35A, Chapter 4, Employment Security Act.

Enacted by Chapter 517, 2023 General Session